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Incorrect signage - Smart Parking

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  • Incorrect signage - Smart Parking

    Hello all,

    I received a PCN yesterday stating that I broke the T&C in a private car park therefore the fine is 100 and discounted to 60 if pay within 14 days.

    However, on inspecting the sign it states that 'A Parking Charge Notice of 80 may be issued to all vehicles not displaying a valid permit'

    Could I appeal on the grounds that the PCN is not valid due to the amount being asked is incorrect?

    Kind regards

    Penny x
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  • #2
    Re: Incorrect signage - Smart Parking

    The sign says "Parking Permits Only" Was a permit displayed on the car? What was the reason the PCN was issued?

    That sign is a forbidding sign in that there was no offer of parking to a car not displaying a permit therefore there can be no contract and therefore no charge at all. The amount they are asking for is a penalty and therefore not permissible.

    Presuming this is a windscreen ticket wait till the Notice to Keeper arrives at the address of the Registered Keeper. Do not identify the driver,

    Modify your post so that the driver cannot be identified.

    Comment


    • #3
      Re: Incorrect signage - Smart Parking

      Thanks Ostell,

      No permit was displayed on car. It was late at night and I couldn't see a ticket machine in the car park. The shop was closed. I'm assuming the permit may be obtained from inside the shop. Impossible to get into shop without breaking and entering.

      The reason in the PCN letter for it being issued states 'By either not purchasing the appropriate parking time or by remaining longer than permitted, in accordance to terms and conditions set out in signage'

      I will appeal on no contract formed basis but the additional point of charge being wrong amount is not worth putting in appeal?

      Comment


      • #4
        Re: Incorrect signage - Smart Parking

        http://legalbeagles.info/forums/show...ket-on-vehicle

        Smart are usually easy to beat at popla.

        M1
        ********************************Signature********* ************************

        Private messages are off as all help on this site is on board.

        Please note i am now pretty much without access/time to help 5 days a week. Others will hopefully help you.


        I can only help with what you tell me. Post up information (other than names and addresses!).

        I NEVER enter any appeals or court documentation on your behalf. This is your responsibility.

        Upload images to your thread like this .Email kati@legalbeagles.info if you can't upload images/documents. She doesn't own a crystal ball as far as i'm aware so link to your thread or tell her how to find it !

        If you want to tell someone YOU were driving, go to confession.

        I,I,I,I,I,I should be avoided unless you are Jim Diamond.

        Comment


        • #5
          Re: Incorrect signage - Smart Parking

          Thanks Mystery1.

          I have contacted the business in question but they stated that 'the car park is clearly sign posted.' So they've washed their hands of the issue

          In the initial letter stating that I would like to start the appeal procedure (using the template provided) should I mention the sign is a forbidding sign therefore no contract formed for individuals not having a permit and also that the amount charged in the letter is different to the sign therefore PCN is invalid?

          Love Penny x

          Comment


          • #6
            Re: Incorrect signage - Smart Parking

            You could do so but it'll probably make no difference. Popla is where we have to do things like that as that's where our best chance of winning lies.

            M1
            ********************************Signature********* ************************

            Private messages are off as all help on this site is on board.

            Please note i am now pretty much without access/time to help 5 days a week. Others will hopefully help you.


            I can only help with what you tell me. Post up information (other than names and addresses!).

            I NEVER enter any appeals or court documentation on your behalf. This is your responsibility.

            Upload images to your thread like this .Email kati@legalbeagles.info if you can't upload images/documents. She doesn't own a crystal ball as far as i'm aware so link to your thread or tell her how to find it !

            If you want to tell someone YOU were driving, go to confession.

            I,I,I,I,I,I should be avoided unless you are Jim Diamond.

            Comment

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